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Bills · 2025-2026 Regular Session

AB 34

Died at session end Official bill text Atom feed

Relating to: court-issued criminal complaints in officer-involved deaths.

Court — Procedure Death Defibrillator District attorney Evidence Police

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, a district attorney has the discretion as to whether or not to issue a complaint to charge a person with a crime. Current law also provides that, if a district attorney refuses to issue a complaint against a person, a judge may conduct a hearing to determine if there is probable cause to believe that the person committed a crime and, if so, issue a complaint.

Under this bill, when there is an officer-involved death, which is a death that results directly from an action or an omission of a law enforcement officer, and the district attorney determined there was no basis to prosecute the officer, a court may not issue a complaint against the involved officer unless there is new or unused evidence presented.

Sponsors

Introduced by: Armstrong (R) , B. Jacobson (R) , Behnke (R) , Brooks (R) , Dittrich (R) , Donovan (R) , Duchow (R) , Moses (R) , Murphy (R) , Penterman (R) , Piwowarczyk (R) , Swearingen (R) , Tucker (R) , Wichgers (R)

10 cosponsors

Bradley (R) , Feyen (R) , Hutton (R) , James (R) , Maxey (R) , Nass (R) , O'Connor (R) , Testin (R) , Tomczyk (R) , Wanggaard (R)

Registered lobbying interests · 8

Organizations that registered lobbying activity on this bill with the Wisconsin Ethics Commission. Registration means interest, not a position for or against. Official record

Votes

Assembly: Report passage recommended by Committee on Judiciary, Ayes 4, Noes 2

Passed 4–2 May 29, 2025 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Feb 17, 2025 · Assembly

    Introduced by Representatives Moses, Duchow, Dittrich, Piwowarczyk, Armstrong, Brooks, Donovan, B. Jacobson, Penterman, Murphy, Tucker, Swearingen, Wichgers and Behnke; cosponsored by Senators Hutton, Bradley, Wanggaard, Feyen, Nass, Tomczyk, Testin and James

  2. Feb 17, 2025 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Apr 24, 2025 · Assembly

    Representative Maxey added as a coauthor

  4. May 7, 2025 · Assembly

    Public hearing held

  5. May 20, 2025 · Assembly

    Representative O'Connor added as a coauthor

  6. May 21, 2025 · Assembly

    Executive action taken

  7. May 29, 2025 · Assembly

    Report passage recommended by Committee on Judiciary, Ayes 4, Noes 2

  8. May 29, 2025 · Assembly

    Referred to committee on Rules

  9. Oct 9, 2025 · Assembly

    Placed on calendar 10-14-2025 by Committee on Rules

  10. Oct 14, 2025 · Assembly

    Laid on the table

  11. Mar 23, 2026 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1